RAJA RAM SINGH Vs. KEDAR SINGH

JUDGEMENT

(1.) WITH consent of all the parties concerned the aforesaid two applications have been heard together and this order will dispose of both the cases since the impugned order in both the cases is same.

(2.) THESE applications are for quashing the order of cognizance recorded by Chief Judicial Magistrate, Sasaram by impugned order dated 20.7.1996.

(3.) THE facts in brief are that one Kedar Singh filed a complaint case bearing No. 775 of 1995 in the Court of Chief Judicial Magistrate, Rohtas at Sasaram alleging therein that he was Secretary to the Thakurji Math in the village which was constructed by Mohan Mahto and by a registered deed of Tamliknama dated 28.2.1936 he had given 5 acres and 49 decimals of land in favour of the deities and temple specifically stating in the deed that he had no heir and that no one would have right to transfer the property to any one else. Further allegation is that after his death one Sudarshanacharya came as Shebait of the temple and after his death in 1979 the villagers in a general meeting decided that the management of the temple would be conducted by the public of the village. The income coming out of the property under Tamliknama was utilised for the upkeep and maintenance of the temple and for the purpose of worship.